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HomeMy WebLinkAboutTrans 2016-09-19 Item 2D - Discussion - Parking at Light Rail StationTO: FROM: BY: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Transportation Committee Jack Pace, Community Development Director Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: Sept 12, 2016 SUBJECT: Parking at Light Rail Station ISSUE Update on the Settlement Agreement with Sound Transit regarding parking at the Tukwila International Boulevard (TIB) Light Rail Station. BACKGROUND Sound Transit is required to monitor parking usage and off -site parking impacts related to the TIB Station. The latest parking usage data is included as Attachment A. The Parking Determination, issued in 2004, included detailed conditions related to parking usage, monitoring and increasing parking supply based on demand. See attached Notice of Decision for the Parking Determination. (Attachment B). Upon finding that the conditions of the Parking Determination were not being met in 2011; the city initiated the dispute resolution process with the Director of Light Rail, as set forth in the Development Agreement. The City Council approved the Development Agreement in 2004. As a result of the dispute resolution process the City and Sound Transit entered into a Settlement Agreement. (Attachment C). DISCUSSION At the opening of the Tukwila International Boulevard (TIB) Station, a total of 600 stalls were provided. As part of the original Parking Determination decision Sound Transit had to provide up to 1000 stalls within three years of reaching capacity (more than 90% full). Additionally, Sound Transit was required to provide a parking demand study for the Airport Link and the University Link extension at the time these extensions were planned. As part of the dispute resolution process Sound Transit shared the results of the survey that showed the catchment areas for TIB Station predominantly included zones to the south and east of the station. Since Sound Transit was planning additional parking at S. 200th St Station, it was agreed to defer the requirement of additional parking at TIB station until December 31, 2017, provided Sound Transit made measurable progress to accelerate the extension to S 200th St. Angle Lake Station at S 200th St opens on Sept 24, 2016. There will be 1,050 stall garage and 70 surface parking spaces at this station. University Link extension opened in March 2016. At the TIB Station, Sound Transit is still responsible for monitoring on -site and off -site parking utilization and help mitigate any hide and ride parking should it occur as required by 2004 Parking Determination. 23 INFORMATIONAL MEMO Page 2 Also, per the Settlement Agreement, Sound Transit is required to submit to the City a parking study for the TIB Station based on a mutually agreed upon scope of work. This study is required following a twelve month period of operation of S 200th St Station and University Link projects, during which service levels and ridership are expected to normalize. NEXT STEPS Here are the next steps as stipulated under the Settlement Agreement: 1. October 2016 and April 2017: Sound Transit is required to provide parking usage data. 2. Sept 2017: Sound Transit is required to provide a parking study for the TIB Station based upon a mutually agreed upon scope of work. Any further action to address parking issues will depend on the findings of the study. FINANCIAL IMPACT Not applicable RECOMMENDATION This item is for information only. ATTACHMENTS A. The latest parking usage data. B. Notice of Decision for the Parking Determination from 2004. C. Settlement Agreement from 2011 24 Lr SOUNDTRANSIT April 27, 2016 TO: Jack Pace, Director of Community Development Department of Community Development City of Tukwila FROM: Rand Stamm, Acting Manager Customer Facilities and Accessible Services Central Puget Sound Regional Transit Authority (Sound Transit) SUBJECT: Tukwila International Boulevard Station (TIBS) Surveys MEMO This memorandum summarizes the results of the first of the two 2016 parking surveys for the Tukwila International Boulevard Station (TIBS). These surveys are conducted in accordance with the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03 -059. In a teleconference call on April 23, 2010, Sound Transit staff Sue McKim discussed the schedule for future surveys, committing to complete this 16'h survey in April of 2016. This memorandum includes the schedule for the second survey in 2016. Methodology Two surveys were conducted on April 5 and 6: to estimate utilization of the station's park- and -ride lots and to assess parking utilization in the hide - and -ride impact area adjacent to the station. The hide -and- ride impact area for the survey was established in 2004 by the City's then Director of Community Development, Steve Lancaster. This was based on a study that was done for Sound Transit, the City of Tukwila and the City of SeaTac by DKS Associates in 2004 -2005 (Hide - and -Ride Monitoring Program, Baseline Parking Utilization Study, South 154th Street Light Rail Station). As required by the Parking Determination Notice of Decision, this first of the 2016 surveys was conducted on two consecutive mid -week days: Tuesday and Wednesday, April 5 and 6. This was neither a holiday week nor adjacent to a holiday week; weather conditions were typical for the season. As recommended in the Parking Determination Notice of Decision, the schedule for the counts was the same as the schedule for the Baseline Parking Utilization Study: counts were conducted hourly from 6:00 am — 6:00 pm. Finally, the hide - and -ride survey used the parking space inventory that was established as part of the Baseline Parking Utilization Study. City of Tukwila Memorandum April 27, 2016 Tukwila International Boulevard Station Surveys Page 1 of 3 Attachment A 25 SOUNDTRANSIT Survey Results Hide - and -Ride Survey — Table 1 MEMO Table One summarizes the on- street parking utilization counts. Utilization averaged between 16% - 56 °'0 of the total available on- street parking spaces. This can be compared with the utilization during the April 2005 survey, where the average utilization was between 20% - 27 %. Graphs of the hourly parking lot utilization are provided in Attachments 3.A and 3.B. Additionally, Attachments 2.A and 2.B provide graphs comparing data from the 2016 survey to the April 2005 baseline survey. Table 1. Hide - and -Ride Survey Time of Day Percent Utilization — April 5 & 6, 2016 Percent Utilization — April 2016 vs. April 2005 5- Apr -16 6- Apr -16 Apr -16 Apr -05 6:00 AM -6:00 PM 47.3% 48% 47.7% 23% Note: Average utilization calculation: (Hourly sum of cars /total available parking) Inventory Modifications The survey was done using the final inventory figures from the 2005 report by DKS Associates. Modifications to the original October 19th, 2004 survey include: • An increase from 16 to 21 spaces on the east side of 30th South between South 152nd and South 154th. • An increase from 3 to 11 spaces on the south side of South 150th between International Boulevard and Military Road. • A reduction from 3 to 0 spaces on the east side of 42nd Avenue South north of South 152nd Street. Notes about this survey • East side of 40th Ave. North of 154th St. and South of 152 "d St. No Parking signs posted. • South side of 152 "d St. East of International Blvd. No Parking /Towing signs posted. • North side of 150th St. between Military Rd. and International Blvd. is believed to be for Business Parking only. • North side of 154th St. West of 30th Ave. no longer has parking available due to the road widening • North side of 154th St. East of 30th Ave. and West of International Blvd. — No Parking any longer due to road widening • West side of 32 "d Ave. North of 150 St. and South of 152 "d St. — The Survey states four vehicles are possible but only one can fit and it is rarely used. TIBS Park - and -Ride Utilization — Table 2 Table Two summarizes the results from the park- and -ride counts taken April 5 & April 6, during the time period from 6:00 AM — 6:00 PM. Utilization during this time averaged 90 %. Parking utilization peaked City of Tukwila Memorandum April 2", 2016 Tukwila International Boulevard Station Surveys Page 2 of 3 26 SOUNDTRANSIT MEMO between the hours of 7:00 AM 3:00 PM on the second day. although the single highest peak use was at 11:OOAM on the first day. Attachments 3.A and 3.B provide graphs that depict hourly utilization. Future Surveys This April 2016 survey is the first semiannual survey for 2016 as required by the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03 -059. In accordance with the Notice of Decision, the next count will be conducted in October 2016. Please direct any questions you may have about this or future surveys to me. Cc: Rand Stamm, Sound Transit Ron Lewis, Sound Transit Aron Paluba, Sound Transit City of Tukwila Memorandum April 2', 2016 Tukwila International Boulevard Station Surveys Page 3 of 3 27 Table.2. Park -and -Ride Survey Time of Day Percent Utilization — Apr 5 & 6, 2016 Average Utilization - Both Days 5- Apr -16 6- Apr -16 6:00 AM -6:00 PM 88% 91% 90% 6:00 AM 64% 65% 64% 7:00 AM 99% 99% 99% 8:00 AM 99% 99% 99% 9:00 AM 99% 99% 99% 10:00 AM 99% 99% 99% 11:00 AM 100% 99% 99% 12:00 PM 99% 99% 99% 1:00 PM 99% 99% 99% 2:00 PM 99% 99% 99% 3:00 PM 97% 99% 98% 4:00 PM 86% 93% 89% 5:00 PM 62% 83% 72% 6:00 PM 43% 55% 49% Note: Average utilization calculation: (Hourly sum of cars /total available parking) Future Surveys This April 2016 survey is the first semiannual survey for 2016 as required by the July 1, 2004 City of Tukwila Parking Determination Notice of Decision for Permit L03 -059. In accordance with the Notice of Decision, the next count will be conducted in October 2016. Please direct any questions you may have about this or future surveys to me. Cc: Rand Stamm, Sound Transit Ron Lewis, Sound Transit Aron Paluba, Sound Transit City of Tukwila Memorandum April 2', 2016 Tukwila International Boulevard Station Surveys Page 3 of 3 27 Total Number of Vehicle Parked Page 6 160 140 120 100 80 60 40 20 122 Attachment 2.A TIBS Hide and Ride Survey Total Parked Vehicles April 2016 & April 2005 133 13Q 132 1�6 1 7 132 12022 48 S0 43 d7 d5 43 43 43 4j 40 41 40 6:00 AM 7 :00 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 PM Hide and Ride Day 1 Hide and Ride Day 2 Baseline 4/2005 Time of Day 16 26% 18% 45% 45% 50% 7% 6% 53% 52 5% 53 Attachment 2.B TIBS Hide and Ride Survey Percent of Available Parking April 2016 & April 2005 56% 56% 55% 54q 56% 5% 55% 2% 2% 56% 4% 52 54% 49% 50% 4 42 48% 4% 34% 35% 4% - 60% - 50% - 40% - 30% - 20% - 10% - 0% ■ Hide and Ride - Day 1 Hide and Ride - Day 2 Baseline 4/2005 Percentage of Total Parking Occupied o Page 8 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Attachment 3.A TIBS Parking Utilization Survey Percentage Utilization, 6:00 AM - 6:00 PM April 5 & 6, 2016 99% 99% 99% 99% 99% 99% 99% 99% 100% 99% 99% 99% 99% 99% 99% 99% 97% 99% 93% 83% 64% 6:00 AM 7:00 55% 8:00 9:00 10:00 11:00 12:00 1:00 2:00 3:00 4:00 5:00 6:00 PM Time of Day Et TIBS - Day 1 TIBS - Day 2 Total Number of Vehicles Parked w Page 9 600 500 400 300 200 100 Attachment 3.B TIBS Parking Utilization Survey Total Utilization 6:00 AM - 6:00 PM April 5 & 6, 2016 597597 597 598 599 597 599 597 600 599 599 599 597 599 598 596 6:00 AM 7:00 8:00 9:00 10:00 11:00 12:00 1:00 Time of Day 0 TIBS Day 1 TIBS Day 2 2:00 City of Tukwila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director July 1, 2004 PARKING DETERMINATION NOTICE OF DECISION TO: Sound Transit, Applicant King County Assessor, Accounting Division Agencies with Jurisdiction All Parties of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L03 -059 Applicant: Sound Transit Type of Permit Applied for: Parking Determination (Type 2 Permit) Project Description: Central Link Light Rail, South 154th Street Station Location: Associated Files: Locations proposed by Sound Transit for S. 154th Street station parking are: Site A: 3122 S. 154th Street, Tukwila, WA; Site B: 15244 Tukwila International Blvd., Tukwila, WA L03 -057 — Unclassified Use Permit L03 -058 — Shoreline Variance L03 -060 — Design Review Comprehensive Plan Regional Commercial Designation/Zoning Regional Commercial District: Regional Commercial II. DECISION SEPA Determination: The Sound Transit SEPA Responsible Official has previously determined that the project creates a probable significant environmental impact and required preparation of an Environmental Impact Statement (EIS) on the project. See Section IV of this Notice of Decision for more information concerning environmental documents. Attachment B 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -366 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 Decision on Substantive Permit: Based on the staff report dated June 30, 2004, the Community Development Director has determined that the application for a Parking Determination complies with applicable City code requirements and Comprehensive Plan Policies and has made a determination approving Sound Transit's provision of a minimum of 600 parking spaces at the S. 154th Street Station, as an initial requirement of station opening. This parking determination includes conditions of approval. The following conditions, except where otherwise noted, relate to the Initial Segment Central Link Project. This "initial segment" is defined as the Sound Transit light rail system with a northern terminus at Convention Place Station and a southern terminus at S. 154` Street Station. The conditions contained in this document serve two purposes; 1) to ensure adequate project - related parking facilities in the short and long term and 2) to ensure adequate monitoring and mitigation of off -site parking impacts. Some of these conditions are based on those parking mitigation commitments required under the Amended Record of Decision for the Initial Segment of Central Link Project and those proposed by Sound Transit in the document entitled "Final Report, South 154t Street Station Parking Study and Mitigation Plan ", September 30, 2003. Conditions to Ensure Adequate Off - Street Parking Facilities The purpose of these conditions is to assure that adequate parking for the Initial Segment Central Link Project is provided. Under these conditions, Sound Transit will formulate and implement a demand monitoring program for the Station's parking facilities. These conditions include trigger mechanisms wherein Sound Transit will reevaluate parking demand and/or build additional parking capacity to accommodate demand through the year 2020. 1. Sound Transit shall provide a minimum of 600 parking spaces at opening of the Initial Segment. Infrastructure and site design for these initial 600 spaces shall not preclude the potential for future demand of up to 1330 spaces (the City's year 2020 estimate of parking demand) in the future. 2. Sound Transit shall implement measures to discourage or prevent patrons whose destination is Seattle- Tacoma International Airport for parking at the S. 154`h Street station area. These measures shall include the following: a. Sound Transit shall require that passen ers destined for the Airport have a valid light rail ticket from a station other than S. 154` in order to board the Airport shuttle. b. Sound Transit shall place appropriately located and visible signage warning that parking is exclusively for light rail patrons. c. Sound Transit shall implement and enforce a "no overnight" parking rule at the S. 154th Street station. Page 2 of 9 33 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 d. Sound Transit shall work with the City of Tukwila and the Port of Seattle to develop special enforcement policies to allow park and ride facilities at the S. 154th Street Station to remain available for transit users. 3. Sound Transit shall design and implement an on -site parking demand monitoring and expansion program as well as provisions to build parking as required to accommodate demand, all as acceptable to the Director of the Department of Community Development ( "the Director "). The parking demand monitoring system shall include the following: a. Counts of parking usage shall be taken in the station parking facilities. Counts shall occur quarterly for the two years following the S. 154th Street station opening, and semi- annually thereafter. Both quarterly and semi - annual counts shall include the months of April and October. Sound Transit shall return to the original schedule for counting following any expansion of parking for the S. 154th Street station related to an increase in parking demand for the initial segment. b. Counts shall be taken hourly and shall occur on two consecutive mid -week days(Tuesday and Wednesday or Wednesday and Thursday) of a non - holiday week that is also not adjacent to a holiday week. All counts shall occur on days having typical weather conditions for the season. c. Counting program results shall be tabulated and mailed to the Director within 14 days of the count. d. If the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs for both the parking demand monitoring expansion program and the hide and ride impact area monitoring program, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any permits and approvals needed and for the full cost of this additional parking; or ii. In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 1000 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. e. Following the construction and opening of any additional parking spaces as described under subsection "d" above, the counting program shall return to the original schedule for counting (counts shall occur on a quarterly basis for the first two years and semi - annually thereafter). If the counting program indicates that the average maximum parking Page 3 of 9 34 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 accumulation during the day, for the two days is equal to or exceeds 90% of the existing stalls, Sound Transit shall immediately initiate one of the following actions: i. Sound Transit may prepare a forecast of parking demand acceptable to the Director. The demand forecast shall be for the year 2020 and shall utilize information from the counting and survey programs, as well as forecasting model runs provided by Sound Transit and acceptable to the Director. Sound Transit shall provide additional parking to accommodate forecast parking demand within three years of the determination of any additional number of spaces needed. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking; or ii.In the alternative, Sound Transit may choose to immediately begin the process to design and build additional parking so that the total number of spaces provided equals 1330 or more. No demand analysis is required under this alternative. Sound Transit shall immediately inform the Director of its intent to provide additional parking under this condition and shall provide this additional parking within three years. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of this additional parking. f. In the event the counting program indicates that the average maximum parking accumulation during the day, for the two days is equal to or exceeds 95% of the existing stalls, Sound Transit shall immediately begin the process to design and build additional parking. The additional parking shall be completed within three years. Total parking spaces provided upon completion shall be no fewer than 1000 spaces or no fewer than 1330 spaces, as appropriate. g. The requirement for an on -site parking demand monitoring and expansion program shall expire on December 31, 2020 or upon expansion of the S. 154t Street facility to include a total of 1330 or more parking spaces, whichever should occur first. 4. If at any time after the issuance of this parking determination, a decision is rendered to extend the Initial Segment of Central Link in any direction, whether or not portions of any such extension occur within the City of Tukwila, Sound Transit shall conduct a parking demand study to determine the additional level of parking demand likely to occur at the S. 154th Street Station. This study shall entail a forecast of parking demand acceptable to the Director, who shall render a new parking determination upon its completion. Sound Transit shall be responsible for obtaining any necessary permits and approvals and for the full cost of additional parking needed due to the extension. 5. During any time of construction of new parking or other impediment to designated station parking areas, Sound Transit shall assure that temporary parking is provided whether by shared parking or lease agreements with other property owners. Page 4 of 9 35 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 Conditions to Ensure Adequate Monitoring and Mitigation of Off -Site Parking Impacts The purpose of these conditions is to assure that Sound Transit will monitor and mitigate off -site parking ( "hide and ride ") impacts related to the project. 6. Sound Transit shall prepare an inventory of areas allowing on- street parking within 2000 feet of the S. 154`h Street facility. The inventory shall be prepared no earlier than six months prior to completion of the hide - and -ride baseline study described below, and shall indicate the availability and capacity of on- street parking areas, as well as any existing parking controls (parking restrictions by type, time limits, etc.) by block face'. The inventory shall be prepared to the satisfaction of the Director, who shall consult with the City of SeaTac before accepting the inventory. 7. After reviewing the on -street parking inventory, the Director shall establish a hide - and -ride impact area, in consultation with the City of SeaTac. This area's boundaries shall include only those locations within the inventory area deemed by the Director to have reasonable potential for hide - and -ride use by Central Link patrons. Factors in this determination shall include, but not be limited to the effectiveness of existing parking control measures and walking distance from the S. 154th Street Central link station. 8. Sound Transit shall initiate a baseline inventory of on- street parking utilization within the approved hide - and -ride impact area prior to issuance of permits for construction of the S.154`h Street station. a. The baseline utilization inventory shall include actual counts of parking utilization in public rights -of -way within the hide and ride impact area. This count shall occur on a quarterly basis for at least a twelve calendar month period. At least two of the quarterly counts shall occur prior to the start of construction for the South 154t Street station. All counts shall occur on two consecutive mid -week days (Tuesday and Wednesday or Wednesday and Thursday) of a non - holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule and methods for these counts shall be subject to approval by the Director. b. Utilization and occupancy rates shall be collected within the hide and ride impact area, by block face and time of day. Information on violation of existing parking regulations shall be included. The number and timing of counts per day shall be subject to prior approval by the Director, who shall consult with the City of SeaTac in making this determination. 9. Sound Transit shall develop and carry out a hide - and -ride impact area monitoring program. The monitoring program shall be subject to the approval of the Director, who shall consult with the City of SeaTac prior to approving the program. The monitoring program shall meet the following requirements: "Block face" means the area on one side of a street lying between street intersections. Page 5 of 9 36 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 a. Actual counts of parking utilization in public rights -of -way within the hide and ride impact area shall occur on a quarterly basis for 24 calendar months following opening of the S. 154`h Street station. Thereafter, counts shall occur semi - annually. Both quarterly and semi - annual counts shall include the months of April and October. All counts shall occur on two consecutive mid -week days (Tuesday and Wednesday or Wednesday and Thursday) of a non - holiday week that is also not adjacent to a holiday week. The counts shall occur during days with typical weather conditions for the season. The schedule for these counts shall be as close to the schedule used for the baseline inventory as is reasonably possible, to provide an accurate comparison. b. Utilization and occupancy rates shall be collected within the hide and ride impact area, by block face and time of day. Information on violation of existing parking regulations shall be included. 10. If at any time the hide - and -ride impact area monitoring program indicates the presence of significant hide - and -ride parking, Sound Transit shall identify and implement, at its sole cost, effective mitigating measures. "Significant hide and ride parking" means a decrease by 50 percent or more of unutilized parking spaces for any block face within the hide and ride impact area, which cannot be attributed to other causes. For example, if the parking utilization rate is 50 percent before station opening and 75 percent or more after light rail implementation, Sound Transit shall implement effective mitigation measures. These mitigating measures shall be subject to approval by the Director, who shall consult with the City of SeaTac concerning any measures that may affect that City. Approved mitigating measures shall be implemented as soon as is practically possible. The monitoring program established pursuant to Condition 9, above, shall be carried out quarterly for the year following implementation of these mitigating measures. Mitigating measures may include, but shall not be limited to the following, all subject to approval by the applicable decision makers: • Provision of additional off - street parking; • Rider outreach and education; • Adoption of on- street parking restrictions; • Installation of parking signage; • Residential parking zones on city streets in conjunction with a resident permit program; • Parking enforcement programs. • Remedial actions to address safety, convenience or other factors at the S. 154th Street station parking facilities, which may be discouraging use by light rail patrons. The monitoring program shall be carried out quarterly for the year following implementation of any new mitigating measures. Page 6 of 9 37 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 11. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the City of SeaTac and such approval is denied, Sound Transit shall work in good faith with the City of SeaTac to agree on and implement alternative mitigation. 12. In the event mitigating measures proposed by Sound Transit and approved by the Director pursuant to Condition 10 require approval by the Tukwila City Council and such approval is denied, Sound Transit and the Director shall work in good faith to agree on and implement alternative mitigation. III. YOUR APPEAL RIGHTS The Decision on this Parking Determination Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. One administrative appeal to the City Council of this permit decision is permitted. Unless an appeal of the Director's decision on this permit decision is timely and properly filed to the City Council, the Director's decision on this permit shall be final. A party who is not satisfied with the City Council's determination on any such appeal may appeal to King County Superior Court under the procedures set forth in RCW 36.70C, the Land Use Petition Act. IV. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community Development Director's decision on the Permit Application to the City Council, a written notice of appeal must be filed with the Department of Community Development within 14 calendar days from the date of the issuance of this Notice of Decision, pursuant to TMC 18.116.O10A.. The deadline for filing any such appeal in this matter is 5:00 p.m. on July 15, 2004. Late appeals will not be accepted. The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials must include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. Page 7 of 9 38 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 3. A statement identifying the decision being appealed and the alleged errors in the decision 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS Any administrative appeal to the City Council regarding the Permit shall be conducted as an open record appeal hearing pursuant to TMC 18.104.010.C. The City Council decision on the appeal is the City's final decision. Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the City Council Decision shall be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Alice Strand, who may be contacted at 206 -431- 3655 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. VII. ENVIRONMENTAL DOCUMENTATION Sound Transit was the SEPA lead agency for this project. Accordingly, the City of Tukwila did not perform its own independent SEPA review. Sound Transit prepared SEPA documents concerning the Tukwila portion of the project and the City of Tukwila received, reviewed and relied, in part, upon these documents. They are as follows: Volume 1 - Final Environmental Impact Statement; Central Link Light Rail Project; November, 1999 Addendum to the Final Environmental Impact Statement; Central Link Light Rail Project;, November, 2001 Page 8 of 9 39 Parking Determination Notice of Decision File # L03 -059 July 1, 2004 Final Supplemental Environmental Impact Statement; Central Link Light Rail Project - Tukwila Freeway Route; November, 2001 Initial Segment Environmental Assessment; Central Link Light Rail Project; February, 2002 Tukwila Freeway Route Final Supplemental Environmental Impact Statement; Tukwila Addendum; March, 2004 Department of Community Development City of Tukwila Page 9 of 9 40 11 -104 Council Approval N/A Dispute Resolution Settlement Agreement Regarding Noise and Parking Between City of Tukwila, Washington And Sound Transit (Reference City Contract Number 04 -086) The purpose of this Dispute Resolution Settlement Agreement is to confirm the agreement between Sound Transit and City of Tukwila regarding the issues discussed during the dispute resolution process initiated on November 9, 2010. Since the opening of the light rail system in July 2009, issues have arisen between the City and Sound Transit regarding noise and parking at the Tukwila International Boulevard Light Rail Station (Tukwila Station). Over the past few months, Sound Transit and the City have met in a good -faith effort to resolve these disputes, as provided for in the Development and Transitway Agreement executed between our two agencies in December 2004. We have reached a mutually satisfactory resolution of the issues and both agencies remain committed to working together in a collaborative manner to see that the commitments included in this letter are completed in a timely and efficient manner. To this end, the City and Sound Transit have agreed to settle the disputes as follows, subject to necessary approvals: Link Light Rail Noise Mitigation A dispute arose following initial noise level readings in the First Year Noise and Vibration Testing Results prepared by Michael Minor and Associates (dated December 9, 2009), which exceeded the FTA noise criteria in certain places along the Link Light Rail route in Tukwila. The resolution to this dispute is as follows: 1. Sound Transit is currently in compliance with the FTA noise criteria, and will continue to comply with the FTA noise criteria throughout the City. 2. Sound Transit will install approximately 2700 feet of Type I noise barrier in the vicinity of the Duwamish River neighborhood area, replacing the existing Type II noise barrier. The existing Type 2 barriers in three other locations will remain. 3. Sound Transit will mitigate and maintain noise levels at all other locations along the alignment with measures that may include continued use of Type 2 noise barriers, rail grinding, track lubricators, residential sound insulation, or other measures as determined by Sound Transit to be necessary and effective. 4. Sound Transit will prepare a supplement to the 2010 noise report required under the Unclassified Use Permit addressing the proposed mitigation; a schedule for installing the Type 1 barriers, reasoning for proposing Type 1 barriers as mitigation in the Duwamish River neighborhood area; durability of Type 2 noise 61-- of n AW,cA i,,,.0n Attachment C 41 barriers; maintenance and/or replacement requirements for the Type 2 noise barriers; and commitment and schedule for monitoring. The supplement to the noise report will be submitted to the City within 30 days of the effective date of this Agreement. 5. The goal of the Parties is to maintain and monitor noise mitigation as necessary, and to sunset the monitoring requirement within two years following completion and submission of the 2011 Wheel -Rail Noise Study to the City, as contemplated by the original UUP noise condition, unless the Parties mutually agree to an extension. In 2011, the City will perform a review of the 2010 noise report and supplement including field measurements of noise and vibration. Sound Transit will not submit a 2011 noise and vibration report but will submit a 2012 report following installation of the Type 1 barrier, and will submit a 2013 final report. Sound Transit will develop and implement a long -term noise maintenance and monitoring program based on recommendations in the 2011 Wheel -Rail Noise Study, authorized by the Sound Transit Board on March 10, 2011. Sound Transit will share the monitoring results with the City at various intervals, as recommended in the study. 6. The City will review the supplement to the 2010 noise report, for compliance with the original UUP noise condition. Any permit applications and nighttime noise variance application required for installation of the Type 1 noise mitigation will be reviewed administratively and concurrently. A public works permit (long term type D) will be required for installation of the Type 1 barriers, but a building permit is not required. There will be a public informational meeting and comment period for the above - mentioned actions and the City will issue its decisions in a timely manner. The City's decisions may be appealed to the City Hearing Examiner. Tukwila International Boulevard Light Rail Station Parking A dispute arose regarding the need for additional parking at the Tukwila Station, consistent with the City's 2004 Parking Determination. The resolution to this dispute is as follows: 1. Conditions have changed since the 2004 Parking Determination was issued by the City. Sound Transit's long -term strategy is to extend light rail to South 200th Street on an accelerated schedule, subject to Sound Transit Board approval anticipated in July 2011, where 600 to 1050 additional parking stalls are currently planned. It is anticipated that the South 200th and University Link projects will be completed in 2016 when passenger service will commence. It is further anticipated that the addition of parking spaces south of the Tukwila Station, will provide an attractive alternative for some of the current users of Tukwila Station parking. 2 2. Sound Transit shall provide the Airport Link Extension Parking Demand Study to the City within 30 days of the effective date of this Agreement. 3. Sound Transit shall continue to monitor on -site and off -site Link Light Rail related parking utilization, and implement measures to help mitigate significant hide & ride parking should it occur as required by the 2004 Parking Determination. 4. Following a twelve month period of operation of the South 200th and University Link projects (2017), during which service levels and ridership are expected to normalize, Sound Transit will prepare and submit to the City a parking study for the Tukwila Station based on a mutually agreed upon scope of work. No other parking studies will be required until this time except the scope of work shall be submitted as part of the Parking Determination amendment request referenced in paragraph 6 below. 5. The City shall defer the requirements of the July 1, 2004 Parking Determination, including the requirement to provide additional parking at the Tukwila Station, until December 31, 2017, provided Sound Transit makes measurable progress to accelerate the extension to South 200th• The measurable progress shall include obtaining Sound Transit Board approval; obtaining all required permits from the City of SeaTac; and awarding the contract for construction so that additional parking is constructed prior to University Link opening. 6. Sound Transit and the City will work together in good faith to identify potential revisions to the 2004 Parking Determination consistent with this Agreement and Sound Transit will request amendments to the 2004 Parking Determination, together with all supportive documents before December 31, 2012. This will be processed as a Type II Decision pursuant to the City's Land Use Code. The parties have executed this Agreement as of the last date indicated below. This Agreement shall become effective subject to approval by the Sound Transit Board. SOUND TRANSIT CITY OF TUKWILA By 714 i#4-.. By , ( -/1/4.— y►�� Joan arl, CEO Steve Lancaster, City Administrator !!'— Date: ly,S , 2011 Date: July J 1, 2011 1